South Australian Numbered Acts South Australian Numbered Acts(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subsection (1)
, the regulations may deal with matters of a transitional, application or savings nature relating to an offence becoming, or ceasing to be, a relevant offence.
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Criminal Assets Confiscation Act 2005
2—Amendment of section 209—Credits to Victims of Crime Fund
(1) Section 209(1)—after "Subject to" insert:
Division 3A,
(2) Section 209(4), definition of "equitable sharing program —after paragraph (b) insert:
but does not include the national cooperative scheme (within the meaning of section 209B(1));
3—Amendment of section 209A—Credits to Justice Rehabilitation Fund
Section 209A(4)—after "Subject to" insert:
Division 3A and
4—Insertion of Part 7 Division 3A
Part 7—after Division 3 insert:
Division 3A—National cooperative scheme on unexplained wealth
209B—Interpretation
(1) In this Division, unless the contrary intention appears—
"CJC subcommittee"—see section 209G
;
"Cooperating Jurisdiction Committee" means the Cooperating Jurisdiction Committee established under the NCSUW agreement;
"cooperating State" has the same meaning as in section 14F of the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time);
"corresponding proceeds" has the same meaning as in the NCSUW agreement;
"decision-making period" means—
(a) the period specified in the NCSUW agreement as being the decision-making period for the purposes of the national cooperative scheme; or
(b) if paragraph (a)
does not apply—the period prescribed by the regulations as being the decision-making period for the purposes of the national cooperative scheme;
"foreign jurisdiction" means a jurisdiction outside Australia;
"forfeiture proceeds" means proceeds arising from a confiscation, forfeiture or payment under a relevant law that are paid or payable to this State;
"national cooperative scheme" means the National Cooperative Scheme on Unexplained Wealth established by the NCSUW agreement;
"NSC threshold" has the same meaning as in the NCSUW agreement;
"NCSUW agreement" means the Intergovernmental Agreement on the National Cooperative Scheme on Unexplained Wealth (as in force from time to time);
"net amount"—see section 209F(2)
;
"non-participating State" has the same meaning as in section 338 of the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time);
"participating State" has the same meaning as in section 14C of the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time);
"relevant law"—each of the following laws is a relevant law:
(a) section 47 (forfeiture orders);
(b) section 56A (deemed forfeiture orders);
(c) section 72(1);
(d) section 73(f);
(e) section 74;
(f) section 81(1)(c);
(g) section 82(f);
(h) section 95 (pecuniary penalty orders);
(i) section 111 (literary proceeds orders);
(j) section 206;
(k) section 9 of the Serious and Organised Crime (Unexplained Wealth) Act 2009
(unexplained wealth orders);
(l) a prescribed law;
"shareable"—forfeiture proceeds are "shareable" if—
(a) the proceeds are corresponding proceeds of this State; and
(b) the amount of the proceeds exceeds the NCS threshold (whether or not the full amount is realised).
(2) The NCSUW agreement and the regulations may specify that the "decision-making period" starts or ends at a time before an amount is paid to the Victims of Crime Fund.
(3) Decisions may be made under this Division in relation to an amount before the amount is paid to the Victims of Crime Fund or becomes the net amount.
209C—Application of Division—National Cooperative Scheme
This Division—
(a) applies in respect of forfeiture proceeds of the State that are shareable under the national cooperative scheme; and
(b) sets out the process for sharing with the Commonwealth or another State or Territory any forfeiture proceeds of the State that are shareable.
209D—Notification of shareable proceeds
(1) The Minister must notify the Cooperating Jurisdiction Committee by notice in writing within 60 days of a final order, negotiated settlement or other forfeiture under a relevant law relating to forfeiture proceeds that are shareable under the national cooperative scheme.
(2) A notification under subsection (1)
must include sufficient information to enable a member jurisdiction of the Cooperating Jurisdiction Committee to determine if it has made a contribution for the purposes of the national cooperative scheme (within the meaning of the NCSUW agreement) in relation to the forfeiture proceeds the subject of the notification.
209E—Contribution by foreign jurisdiction
If the Minister decides that—
(a) a foreign jurisdiction has made a contribution in relation to the recovery of shareable forfeiture proceeds; and
(b) it is appropriate that a specified amount of the proceeds be payable to the foreign jurisdiction,
then the specified amount is payable to the foreign jurisdiction.
209F—Net amount
(1) Forfeiture proceeds that are shareable with the Commonwealth or another State or Territory under the national cooperative scheme are to be reduced by any amount that is payable under—
(a) an order of a court under this Act; and
(b) section 209E
.
(2) The amount left after any reduction is made under subsection (1)
is the "net amount".
209G—CJC subcommittee
(1) The Cooperating Jurisdiction Committee must establish a subcommittee (the "CJC subcommittee") for the purposes of deciding matters under this Division in relation to the net amount.
(2) The CJC subcommittee must consist of the following members of the Cooperating Jurisdiction Committee:
(a) this State; and
(b) any other member of the Cooperating Jurisdiction Committee that is found, by unanimous decision of the Cooperating Jurisdiction Committee, to have made a contribution (within the meaning of the NCSUW agreement) in relation to the recovery of the forfeiture proceeds comprising the net amount.
209H—Payment to contributing non-participating State
If, in the decision-making period, the CJC subcommittee makes a unanimous decision that—
(a) a non-participating State (other than a cooperating State) made a contribution (within the meaning of the NCSUW agreement) in relation to the recovery of the forfeiture proceeds comprising the net amount; and
(b) it is appropriate that a specified proportion of the net amount be payable to that State,
then the specified proportion of the net amount is payable to that State under the national cooperative scheme.
209I—Payment to contributing CJC members
(1) Subject to subsection (2)
, any part of the net amount that remains after the application of section 209H
is to be divided into equal proportions between this State and each of the other jurisdictions represented on the CJC subcommittee and the resulting proportion for each of those other jurisdictions is payable to the jurisdiction under the national cooperative scheme.
(2) If the CJC subcommittee makes a unanimous decision in the decision-making period that—
(a) it is inappropriate for the division referred to in subsection (1)
to apply; and
(b) a specified proportion, of any part of the net amount that remains after the application of section 209H
, be payable to each of the jurisdictions represented on the subcommittee (other than this State),
then the specified proportion for each of those jurisdictions, of any part of the net amount that remains after the application of section 209H
, is payable to the jurisdiction under the national cooperative scheme.
209J—Payment period
If an amount is payable to the Commonwealth or another State or Territory under this section, then the Attorney-General must cause the amount to be paid to the Commonwealth or the other State or Territory in the period that is—
(a) the period specified in the NCSUW agreement as being the payment period for the purposes of the national cooperative scheme; or
(b) if paragraph (a)
does not apply—the period prescribed by the regulations as being the payment period for the purposes of the national cooperative scheme.
209K—Payment to Victims of Crime Fund or Justice Rehabilitation Fund
(1) Subject to subsection (2)
, any amount of shareable forfeiture proceeds remaining after the application of this Division (being this State's share of the shareable forfeiture proceeds) must be paid into the Victims of Crime Fund.
(2) Shareable forfeiture proceeds of a prescribed drug offender remaining after the application of this Division (being this State's share of the shareable forfeiture proceeds of the prescribed drug offender) must be paid into the Justice Rehabilitation Fund.
(3) Any amount paid to this State by the Commonwealth, another State or a Territory under the national cooperative scheme must be paid into the Victims of Crime Fund.
Part 3—Amendment of Serious and Organised Crime (Unexplained Wealth) Act 2009
5—Amendment of section 45—Credits to Victims of Crime Fund
(1) Section 45—delete "Money" and substitute:
Subject to subsection (2), money
(2) Section 45—after its present contents as amended by this section (now to be designated as subsection (1)) insert:
(2) Money recovered by the Crown under an unexplained wealth order that is shareable forfeiture proceeds within the meaning of Division 3A of Part 7 of the Criminal Assets Confiscation Act 2005
is to be dealt with in accordance with that Division.